Has The Time Come For A Meaningful FTC Section 5 Standard?

Law360, New York (August 8, 2013, 12:54 PM EDT) -- For years Section 5 of the Federal Trade Commission Act has been used to address a wide range of conduct deemed to be unfair methods of competition. Attention has once again turned to the uncertain reach of Section 5 because of not only the FTC’s recent Section 5 enforcement decisions, but also Commissioner Joshua Wright’s proposed policy statement regarding unfair methods of competition, issued on June 19.

Some examples of conduct to which the FTC has applied Section 5 include standard setting, distribution policies, invitations to...